Legal responsibilty to pay rent

Hi

I have been assisting my client with a Housing Benefit appeal over an alleged contrived tenancy. He rents the property from his sister and he has significant mental health issues. I was confident of winning the appeal until I found out the tenancy agreement was signed after the date his sister was sequestrated.

The Trustee states that as the lease was signed post-insolvency it is invalid (I think they make a valid point).  If correct, does this make any appeal/claim for HB redundant due to my client having no legal responsibility to pay rent?

Thanks in advance

Allan

Allan Ramsay - 03 December 2014 03:53 PM

The Trustee states that as the lease was signed post-insolvency it is invalid (I think they make a valid point).  If correct, does this make any appeal/claim for HB redundant due to my client having no legal responsibility to pay rent?

They are quite right, there is no liability to the sister, but it does not necessarily mean he is not entitled to HB, has the trustee refused to accept any payments from the brother?

I’m no housing law expert but does the brother have a right to occupy at all?

If the trust are charging and/or will expect payments for occupation then he may well be entitled to HB.

Many thanks

The Trustee is seeking vacation of the property for it to be sold.  I have a meeting with them today and will mention the possiblity of HB.  However, I feel it’s best to get him into secure/supported accomodation asap.

Thanks again

Allan